Earlier this year, representatives of the governments of New Zealand and the People’s Republic of China signed a new income tax treaty.
New Zealand on 30 September 2019 completed its domestic procedures to give effect to the new income tax treaty with China. The income tax treaty will enter into force once China has also completed its domestic procedures. Once in force, the treaty will replace and modernise the existing treaty, which was signed in 1986.
Some key highlights of the new income tax treaty [PDF 274 KB] include the following:
Effect of the MLI
While both countries have signed the MLI, China has not yet ratified it. Further, many of the MLI articles would not apply to the existing income tax treaty given differences in New Zealand and China’s positions. However, the new income tax treaty incorporates some of the MLI provisions, such as Article 12 (PE), Article 3 (relating to fiscally transparent entities) and Article 4 (which provides for mutual agreement by tax authorities to determine which jurisdiction an entity is resident in the case of dual residence).
A number of New Zealand’s income tax treaties have been (or will soon be) updated for various MLI provisions. Which MLI articles apply will depend on the choices made by New Zealand and the partner country.
A selection of “updated” income tax treaties to which New Zealand is a treaty partner and their application dates is reflected in this table.
Read an October 2019 report prepared by the KPMG member firm in New Zealand
The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.